The International Criminal Court (ICC) could be ordered to reinstate its chief prosecutor, Karim Khan, and pay up to €1.5 million ($1.74m) in compensation should the court's governing body remove or sanction him, a senior international judge has warned.
In a legal opinion shared with ICC member states earlier this month, Abdul Koroma, a former International Court of Justice judge, said that the prospects of a successful appeal by Khan against dismissal or any disciplinary action were considerable.
Koroma called on the bureau of the Assembly of State Parties (ASP), the ICC’s executive governing body, to adopt the conclusion of a judicial panel that concluded that a UN investigation into misconduct allegations by Khan had not established any wrongdoing.
The seven-page opinion, seen by Middle East Eye, examines whether the disciplinary procedure adopted by the ASP would withstand challenge before the International Labour Organization Administrative Tribunal (ILOAT), the body to which ICC staff may appeal employment decisions.
Koroma argues that it is likely an appeal by Khan would be successful. In the event the bureau proceeds against the prosecutor, he writes, Khan would be entitled to reinstatement and compensation.
